Bill Text: TX SB761 | 2013-2014 | 83rd Legislature | Introduced
Bill Title: Relating to the licensing and regulation of medical laboratory professionals; providing penalties; imposing fees.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2013-02-26 - Referred to Health & Human Services [SB761 Detail]
Download: Texas-2013-SB761-Introduced.html
83R6326 SLB-F | ||
By: Lucio | S.B. No. 761 |
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relating to the licensing and regulation of medical laboratory | ||
professionals; providing penalties; imposing fees. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subtitle M, Title 3, Occupations Code, is | ||
amended by adding Chapter 703 to read as follows: | ||
CHAPTER 703. MEDICAL LABORATORY PROFESSIONALS | ||
SUBCHAPTER A. GENERAL PROVISIONS | ||
Sec. 703.001. SHORT TITLE. This chapter may be cited as the | ||
Medical Laboratory Science Practice Act. | ||
Sec. 703.002. PUBLIC POLICY; LEGISLATIVE PURPOSE. (a) The | ||
legislature declares as a policy of this state that: | ||
(1) the practice of medical laboratory science by | ||
health care professionals affects the public health, safety, and | ||
welfare and is subject to control and regulation in the public | ||
interest; and | ||
(2) medical laboratories and medical laboratory | ||
professionals provide essential services to health care | ||
professionals by furnishing vital information that may be used in | ||
the diagnosis, prevention, and treatment of diseases or impairments | ||
and the assessment of human health. | ||
(b) The purpose of this chapter is to ensure better | ||
protection of the public health by: | ||
(1) requiring minimum qualifications for medical | ||
laboratory professionals; and | ||
(2) ensuring that medical laboratory tests are | ||
performed with the highest degree of professional competency by | ||
individuals engaged in providing the services in this state. | ||
Sec. 703.003. DEFINITIONS. In this chapter: | ||
(1) "Advisory committee" means the Medical Laboratory | ||
Science Advisory Committee. | ||
(2) "Categorical medical laboratory scientist" means | ||
an individual licensed under this chapter to perform medical | ||
laboratory scientist services in one major practice area of a | ||
laboratory under the supervision, control, and responsibility of a | ||
laboratory director. | ||
(3) "CLIA" means the federal Clinical Laboratory | ||
Improvement Amendments of 1988 (42 C.F.R. Part 493). | ||
(4) "Commissioner" means the commissioner of state | ||
health services. | ||
(5) "Department" means the Department of State Health | ||
Services. | ||
(6) "Executive commissioner" means the executive | ||
commissioner of the Health and Human Services Commission. | ||
(7) "Independent technical judgment" means the | ||
application of an individual's knowledge, skill, expertise, and | ||
experience in making decisions about the performance or validity of | ||
clinical laboratory tests without intervention by or the direct | ||
supervision of a laboratory director. | ||
(8) "Laboratory director" means a person who meets the | ||
requirements of a laboratory director under CLIA. | ||
(9) "Medical laboratory" means a facility in which a | ||
medical laboratory test is performed for diagnosis, prevention, or | ||
treatment of disease or impairment or assessment of human health. | ||
(10) "Medical laboratory scientist" means an | ||
individual who uses independent technical judgment in the | ||
performance of tests and procedures under the supervision, control, | ||
and responsibility of a laboratory director. | ||
(11) "Medical laboratory scientist services" means: | ||
(A) the use of independent technical judgment in | ||
the performance of medical laboratory tests; | ||
(B) the establishment and implementation of | ||
protocols, quality assessment, method development and selection, | ||
equipment selection and maintenance, and all activities related to | ||
the pre-analytic, analytic, and post-analytic phases of medical | ||
laboratory testing under the supervision, control, and | ||
responsibility of a laboratory director; and | ||
(C) the direction, supervision, consultation, | ||
education, and performance of research functions related to medical | ||
laboratory testing. | ||
(12) "Medical laboratory technician" means an | ||
individual licensed under this chapter to perform medical | ||
laboratory technician services. | ||
(13) "Medical laboratory technician services" means | ||
the performance of medical laboratory tests in accordance with | ||
established and approved protocols that require the limited | ||
exercise of independent technical judgment and are performed under | ||
the supervision of a medical laboratory scientist, laboratory | ||
supervisor, or laboratory director. | ||
(14) "Medical laboratory test" means a | ||
microbiological, serological, chemical, biological, | ||
hematological, immunological, immunohematological, immunoassay, | ||
cytochemical, or genetic test or procedure performed on material | ||
derived from or existing in a human body that provides information | ||
for the diagnosis, prevention, or monitoring of a disease or | ||
impairment or assessment of a medical condition. The term includes | ||
the pre-analytic, analytic, and post-analytic phases of testing. | ||
(15) "Point-of-care testing" means analytical patient | ||
testing activities provided at a health care facility but performed | ||
outside the central medical laboratory facilities that do not | ||
require permanent dedicated space, including testing using | ||
analytical instruments at a temporary patient care location. | ||
(16) "Practice of medical laboratory science" means | ||
practice by an individual who manages, supervises, educates, | ||
consults, researches, or performs medical laboratory testing or | ||
technical procedures in a medical laboratory. The term does not | ||
include the practice of medicine or the activities of a person | ||
performing only clerical duties or other duties not directly | ||
related to the performance of medical laboratory testing. | ||
(17) "Waived test" means a simple laboratory | ||
examination or procedure that, under a federal interpretation of | ||
CLIA, employs a simple and accurate methodology that renders the | ||
likelihood of erroneous results negligible or poses no reasonable | ||
risk of harm to the patient if performed incorrectly. | ||
Sec. 703.004. EXEMPTIONS. This chapter does not apply to: | ||
(1) a physician licensed to practice medicine in this | ||
state; | ||
(2) an individual licensed under another law of this | ||
state and engaged in health care services within the scope of the | ||
license holder's licensed practice; | ||
(3) an individual engaged in the practice of medical | ||
laboratory science in the employ of the federal government or a | ||
federal bureau, division, or agency and in the discharge of the | ||
employee's official duties; | ||
(4) an individual engaged in the practice of medical | ||
laboratory science and engaged exclusively in research, provided | ||
that the results of an examination performed are not used in health | ||
maintenance, diagnosis, or treatment of disease; | ||
(5) an intern, student, or trainee enrolled in a | ||
medical laboratory science education program, provided that: | ||
(A) the activities constitute a part of a planned | ||
course in the program; | ||
(B) the individual is designated by title as an | ||
intern, student, or trainee; and | ||
(C) the individual works directly under an | ||
individual licensed by this state to practice medical laboratory | ||
science or an individual exempt from this chapter under Subdivision | ||
(4); | ||
(6) an individual solely performing waived or | ||
provider-performed microscopy tests under CLIA; | ||
(7) an individual performing point-of-care testing | ||
categorized under CLIA as moderate complexity in an acute care | ||
facility, if the facility complies with the following requirements: | ||
(A) in the laboratory, a laboratory director is | ||
responsible for: | ||
(i) designing and providing or supervising | ||
the training programs for the point-of-care testing personnel; | ||
(ii) supervising and monitoring the quality | ||
assurance and quality control activities of the testing site; | ||
(iii) assisting in the selection of | ||
technology; | ||
(iv) reviewing the results of proficiency | ||
testing and recommending corrective action, if necessary; and | ||
(v) monitoring the continued competency of | ||
the testing personnel; and | ||
(B) processes are in place at the facility and | ||
are acceptable to the department to ensure and document the | ||
continued competency of the point-of-care testing personnel; | ||
(8) an individual solely performing histopathology | ||
testing, as described by CLIA; | ||
(9) an individual solely performing or interpreting | ||
cytology testing, including the performance or interpretation of | ||
molecular testing on cytological specimens, as described by CLIA, | ||
provided that nothing in this chapter may be construed as a | ||
limitation on the scope of work permitted under CLIA for qualified | ||
cytotechnologists; | ||
(10) an individual who performs non-testing | ||
pre-analytical duties, including processing specimens, | ||
accessioning, loading specimens into analyzers, or preparing | ||
specimens for referral testing; or | ||
(11) an individual solely performing or interpreting | ||
histocompatibility testing for transplantation services. | ||
Sec. 703.005. APPLICATION OF SUNSET ACT. The Medical | ||
Laboratory Science Advisory Committee is subject to Chapter 325, | ||
Government Code (Texas Sunset Act). Unless continued in existence | ||
as provided by that chapter, the advisory committee is abolished | ||
and this chapter expires September 1, 2027. | ||
SUBCHAPTER B. EXECUTIVE COMMISSIONER, COMMISSIONER, AND | ||
DEPARTMENT POWERS AND DUTIES | ||
Sec. 703.051. RULES. (a) The executive commissioner shall | ||
adopt rules to administer this chapter and as necessary to protect | ||
the public health, safety, and welfare, including rules on: | ||
(1) the qualifications for licensure under each | ||
category of medical laboratory scientist; | ||
(2) the renewal of licensure; | ||
(3) standards of professional conduct for each | ||
category of medical laboratory scientist; | ||
(4) authorization or approval of nationally | ||
recognized and validated certification examinations for medical | ||
laboratory scientists; and | ||
(5) criteria for the continuing education of medical | ||
laboratory scientists as required for license renewal. | ||
(b) The executive commissioner by rule shall prescribe the | ||
activities that may be performed by each category of license holder | ||
under this chapter. | ||
(c) This chapter may not be construed as providing the | ||
department or the executive commissioner authority to: | ||
(1) regulate the activities of a physician who is | ||
directing a clinical laboratory; or | ||
(2) establish by rule an academic, educational, or | ||
examination requirement that is not prescribed by this chapter for | ||
a physician who is a laboratory director. | ||
Sec. 703.052. FEES. (a) The executive commissioner shall | ||
establish and collect reasonable and necessary fees in amounts | ||
sufficient to: | ||
(1) cover the costs of administering this chapter; and | ||
(2) provide adequate funding for education related to | ||
this chapter. | ||
(b) The executive commissioner may exempt from a fee | ||
required under this chapter a person who is: | ||
(1) licensed under this chapter; and | ||
(2) employed by the department. | ||
Sec. 703.053. DEPARTMENT POWERS AND DUTIES. (a) The | ||
department may authorize disbursements necessary to implement this | ||
chapter, including disbursements for office expenses, equipment | ||
costs, and other necessary facilities. | ||
(b) The department may examine any criminal conviction or | ||
guilty plea of an applicant for issuance or renewal of a license, | ||
including by obtaining any criminal history record information | ||
authorized by law. | ||
Sec. 703.054. PERSONNEL. The department may employ | ||
personnel necessary to administer this chapter. | ||
Sec. 703.055. REGISTRY OF LICENSE HOLDERS. (a) The | ||
department shall maintain a registry of the name and addresses of | ||
each individual licensed under this chapter and each individual | ||
whose license has been suspended or revoked. | ||
(b) The department shall post the registry on the | ||
department's Internet website and make copies of the registry | ||
available to the public on request. | ||
Sec. 703.056. CONSUMER INTEREST INFORMATION. (a) The | ||
department shall prepare information of consumer interest | ||
describing: | ||
(1) the functions performed by the department under | ||
this chapter; and | ||
(2) the rights of a consumer affected by this chapter. | ||
(b) The information must describe the procedure by which a | ||
consumer complaint is filed with and resolved by the department. | ||
(c) The department shall make the information available to | ||
the public. | ||
SUBCHAPTER C. MEDICAL LABORATORY SCIENCE ADVISORY COMMITTEE | ||
Sec. 703.101. ADVISORY COMMITTEE. (a) The Medical | ||
Laboratory Science Advisory Committee is an advisory body to the | ||
department and executive commissioner. | ||
(b) The advisory committee consists of nine members | ||
appointed by the executive commissioner as follows: | ||
(1) three members who are medical laboratory | ||
scientists who are not physicians, at least one of whom is not a | ||
laboratory director; | ||
(2) three members who are pathologists certified by | ||
The American Board of Pathology, the American Osteopathic Board of | ||
Pathology, or another certification board the department | ||
determines has certification requirements at least as stringent as | ||
those of The American Board of Pathology or the American | ||
Osteopathic Board of Pathology; | ||
(3) one member who is a physician and is not a | ||
laboratory director or pathologist; | ||
(4) one member who is a medical laboratory science | ||
educator and is not a physician; and | ||
(5) one public member. | ||
(c) The executive commissioner may make appointments to the | ||
advisory committee from lists submitted by organizations of medical | ||
laboratory scientists and organizations of physician pathologists. | ||
(d) Chapter 2110, Government Code, does not apply to the | ||
advisory committee. | ||
Sec. 703.102. TERMS; VACANCIES. (a) Members serve | ||
staggered six-year terms and until their successors are appointed | ||
and qualified. | ||
(b) A vacancy shall be filled for the remainder of the | ||
unexpired term in the same manner as an original appointment. | ||
(c) A member may not serve more than two consecutive terms. | ||
Sec. 703.103. PUBLIC MEMBER ELIGIBILITY. A member who | ||
represents the public may not be: | ||
(1) an officer, director, or employee of an individual | ||
regulated under this chapter; | ||
(2) an individual required to register as a lobbyist | ||
under Chapter 305, Government Code; or | ||
(3) an individual related to an individual described | ||
by Subdivision (1) or (2) within the second degree by affinity or | ||
consanguinity. | ||
Sec. 703.104. COMPENSATION; REIMBURSEMENT. A member of the | ||
advisory committee serves without compensation. If authorized by | ||
the executive commissioner, an advisory committee member is | ||
entitled to reimbursement for actual and necessary expenses | ||
incurred in performing the functions of the advisory committee, | ||
subject to the General Appropriations Act. | ||
Sec. 703.105. MEETINGS. The advisory committee shall meet | ||
annually and may meet at other times at the call of the executive | ||
commissioner. | ||
Sec. 703.106. ADVISORY COMMITTEE DUTIES. The advisory | ||
committee shall provide advice and recommendations to the | ||
department and executive commissioner on technical matters | ||
relevant to the administration and enforcement of this chapter, | ||
including certification authority approval, licensing standards | ||
and qualifications, renewal requirements, standards of | ||
professional conduct, and continuing education requirements. | ||
SUBCHAPTER D. LICENSE REQUIREMENTS | ||
Sec. 703.151. LICENSE REQUIRED. (a) Except as provided by | ||
Subsection (b) and Section 703.004, an individual may not perform | ||
or offer to perform medical laboratory tests or represent that the | ||
individual is a medical laboratory scientist unless the individual | ||
holds an appropriate license issued under this chapter. | ||
(b) The executive commissioner may adopt rules to exempt a | ||
person employed temporarily by the department during a public | ||
health emergency from the licensing requirements of this chapter. | ||
A person acting without a license under this subsection may only act | ||
under the direct supervision of a person authorized by the | ||
executive commissioner. In this subsection, "direct supervision" | ||
means supervision by a person who is present in the facility in | ||
which the person acting without a license under this subsection is | ||
performing laboratory services and is immediately available to | ||
provide assistance and direction while laboratory services are | ||
being performed. | ||
Sec. 703.152. APPLICATION REQUIREMENTS. (a) An applicant | ||
for a license under this chapter must: | ||
(1) submit to the department a completed application | ||
on a form prescribed by the commissioner; | ||
(2) submit to the department any other information | ||
required by rule; | ||
(3) demonstrate to the satisfaction of the | ||
commissioner the qualifications required by this chapter and by | ||
rule; | ||
(4) demonstrate the applicant's honesty, | ||
trustworthiness, and integrity; and | ||
(5) pay the application fee. | ||
(b) The department shall issue the appropriate license to | ||
each individual who meets the qualifications required by this | ||
chapter and by rule. | ||
(c) The department may conduct an examination of any | ||
criminal conviction of an applicant, including obtaining any | ||
criminal history record information authorized by law. | ||
(d) Criminal history record information obtained by the | ||
department may not be released or disclosed to any person except on | ||
court order, with the written consent of the applicant that is the | ||
subject of the criminal history record information, or as provided | ||
by Section 411.110, Government Code. | ||
Sec. 703.153. MEDICAL LABORATORY SCIENTIST. An applicant | ||
for a medical laboratory scientist license must: | ||
(1) hold at least a baccalaureate degree from a | ||
regionally accredited college or university; | ||
(2) have successfully completed the medical | ||
laboratory experience or training required by rule; | ||
(3) be certified by a nationally recognized | ||
certification organization approved by the executive commissioner; | ||
(4) pay the application fee and license fee; and | ||
(5) comply with any other requirements established by | ||
rule. | ||
Sec. 703.154. CATEGORICAL MEDICAL LABORATORY SCIENTIST. An | ||
applicant for a categorical medical laboratory scientist license | ||
must: | ||
(1) hold at least a baccalaureate degree from a | ||
regionally accredited college or university; | ||
(2) have successfully completed the medical | ||
laboratory experience or training required by rule; | ||
(3) be certified by a nationally recognized | ||
certification organization approved by the executive commissioner; | ||
(4) pay the application fee and license fee; and | ||
(5) comply with any other requirements established by | ||
rule. | ||
Sec. 703.155. MEDICAL LABORATORY TECHNICIAN. (a) Except | ||
as provided by Subsection (b), an applicant for a medical | ||
laboratory technician license must: | ||
(1) hold at least an associate degree from a | ||
regionally accredited college or university; | ||
(2) have successfully completed the medical | ||
laboratory experience or training required by rule; | ||
(3) be certified by a nationally recognized | ||
certification organization approved by the executive commissioner; | ||
(4) pay the application fee and license fee; and | ||
(5) comply with any other requirements established by | ||
rule. | ||
(b) An applicant is not required to satisfy the requirements | ||
of Subsections (a)(1)-(3) if the applicant has: | ||
(1) successfully completed a course in procedures for | ||
a military medical laboratory that was: | ||
(A) not less than 50 weeks in length; and | ||
(B) administered by a branch of the United States | ||
armed forces; and | ||
(2) served as a medical laboratory specialist or | ||
laboratory technician while serving in a branch of the United | ||
States armed forces. | ||
Sec. 703.156. TEMPORARY LICENSE. (a) The executive | ||
commissioner by rule may establish a procedure for issuance of | ||
temporary licenses to individuals under this chapter who intend to | ||
engage in the practice of medical laboratory science in this state | ||
for a limited period not to exceed six months. | ||
(b) Unless otherwise noted on the license, a temporary | ||
license is valid for not more than six months after the date of | ||
issuance and may be renewed once at the discretion of the | ||
commissioner. | ||
Sec. 703.157. PROVISIONAL LICENSE. The department may | ||
issue a provisional license under this chapter to an applicant who | ||
holds a license in another state, submits a proper application, and | ||
pays the required fees if the department determines that the | ||
applicant is licensed in a state in which the requirements for | ||
issuance of the license are at least as stringent as the | ||
requirements under this chapter and by rule. A provisional license | ||
under this section is valid for not more than 90 days. | ||
Sec. 703.158. LICENSE: TERM AND RENEWAL. (a) A license | ||
issued under this chapter expires on the second anniversary of the | ||
date of issuance. The executive commissioner by rule may adopt a | ||
system under which licenses expire on various dates during the | ||
year. | ||
(b) A license holder may renew the license by paying the | ||
required renewal fee and: | ||
(1) successfully completing at least 10 hours each | ||
year of continuing education courses, clinics, lectures, training | ||
programs, seminars, or other programs related to medical laboratory | ||
practice that are approved or accepted by the executive | ||
commissioner; or | ||
(2) successfully completing recertification by a | ||
national certifying organization recognized by the executive | ||
commissioner that mandates at least 10 hours each year of | ||
continuing education for recertification. | ||
(c) The executive commissioner by rule may require | ||
additional evidence of competency to practice medical laboratory | ||
science as the executive commissioner considers reasonably | ||
appropriate as a prerequisite to the renewal of any license under | ||
this chapter if the requirements are: | ||
(1) uniformly applied; | ||
(2) reasonably related to the measurement of | ||
qualification, performance, or competence; and | ||
(3) desirable and necessary for the protection of the | ||
public health. | ||
SUBCHAPTER E. LICENSE DENIAL AND DISCIPLINARY ACTION | ||
Sec. 703.201. GROUNDS FOR DISCIPLINARY ACTION. The | ||
department may refuse to issue or renew, revoke, or suspend a | ||
license, place on probation, censure, or reprimand a license | ||
holder, or take any other disciplinary action, including the | ||
imposition of a civil penalty under Section 703.203 or the | ||
imposition of an administrative penalty under Section 703.205, the | ||
department considers appropriate for: | ||
(1) a material misstatement in furnishing information | ||
to the department; | ||
(2) a violation or negligent or intentional disregard | ||
of this chapter or a rule adopted under this chapter; | ||
(3) a conviction for any crime under the laws of the | ||
United States or any state of the United States that is a felony or a | ||
misdemeanor, an essential element of which is dishonesty, or of any | ||
crime that is directly related to the practice of the profession; | ||
(4) a misrepresentation made to obtain a license; | ||
(5) a violation of any standard of professional | ||
conduct adopted by the executive commissioner; | ||
(6) dishonorable, unethical, or unprofessional | ||
conduct of a character likely to deceive, defraud, or harm the | ||
public; | ||
(7) the provision of professional services while | ||
mentally incompetent or under the influence of alcohol, a narcotic, | ||
or a controlled dangerous substance that is in excess of | ||
therapeutic amounts or without valid medical indication; | ||
(8) directly or indirectly contracting to perform | ||
medical laboratory tests in a manner that offers or implies an offer | ||
of rebate, fee-splitting inducements or arrangements, or other | ||
remuneration; | ||
(9) aiding or assisting another individual in | ||
violating any provision of this chapter or a rule adopted under this | ||
chapter; or | ||
(10) a misrepresentation with regard to the existence | ||
or category of license or other certification or professional | ||
qualification held in connection with any employment application. | ||
Sec. 703.202. PROHIBITED PRACTICES. Except as provided by | ||
CLIA, a medical laboratory scientist or a medical laboratory | ||
technician may not exercise independent judgment: | ||
(1) in the diagnosis or treatment of patients; or | ||
(2) in the reporting or interpretation of clinical | ||
laboratory test results to patients. | ||
Sec. 703.203. CIVIL PENALTY. (a) A person who violates | ||
this chapter or a rule adopted under this chapter is liable to this | ||
state for a civil penalty of not more than $500 for each violation. | ||
(b) The amount of the penalty shall be based on: | ||
(1) the seriousness of the violation; | ||
(2) the history of previous violations; | ||
(3) the amount necessary to deter a future violation; | ||
and | ||
(4) any other matter that justice may require. | ||
(c) The attorney general may sue to collect a civil penalty | ||
under this section. In the suit the attorney general may recover, | ||
on behalf of the state, the reasonable expenses incurred in | ||
obtaining the penalty, including investigation and court costs, | ||
reasonable attorney's fees, witness fees, and other expenses. | ||
Sec. 703.204. HEARINGS; ADMINISTRATIVE PROCEDURE. (a) If | ||
the department proposes to deny a license or take disciplinary | ||
action against a license holder, the license holder is entitled to a | ||
hearing. | ||
(b) The proceedings relating to a license denial and | ||
disciplinary action by the department under this chapter are | ||
governed by Chapter 2001, Government Code. A hearing under this | ||
chapter shall be conducted by the State Office of Administrative | ||
Hearings. | ||
Sec. 703.205. ADMINISTRATIVE PENALTY. (a) The | ||
commissioner may impose an administrative penalty on an individual | ||
licensed under this chapter who violates this chapter or a rule or | ||
order adopted under this chapter. | ||
(b) The amount of the penalty may not exceed $500. Each day | ||
a violation continues or occurs is a separate violation for the | ||
purpose of imposing a penalty. The amount shall be based on: | ||
(1) the seriousness of the violation, including the | ||
nature, circumstances, extent, and gravity of the violation; | ||
(2) the economic harm caused by the violation; | ||
(3) the history of previous violations; | ||
(4) the amount necessary to deter a future violation; | ||
(5) efforts to correct the violation; and | ||
(6) any other matter that justice may require. | ||
(c) The individual may stay enforcement during the time the | ||
order is under judicial review if the individual pays the penalty to | ||
the court clerk or files a supersedeas bond with the court in the | ||
amount of the penalty. An individual who cannot afford to pay the | ||
penalty or file the bond may stay enforcement by filing an affidavit | ||
in the manner required by the Texas Rules of Civil Procedure for a | ||
party who cannot afford to file security for costs, except that the | ||
department may contest the affidavit as provided by those rules. | ||
(d) The attorney general may sue to collect the penalty. | ||
(e) A proceeding to impose an administrative penalty is | ||
subject to Chapter 2001, Government Code. | ||
SUBCHAPTER F. TRANSITIONAL LICENSING | ||
Sec. 703.251. TEMPORARY PROVISION; TRANSITIONAL LICENSING. | ||
(a) This subchapter expires September 1, 2017. The department may | ||
not issue a transitional license under this subchapter after August | ||
31, 2015. | ||
(b) The department shall issue a transitional license to a | ||
qualified applicant under this subchapter who: | ||
(1) submits to the department the information required | ||
by rule, including, as applicable: | ||
(A) the job description of the medical laboratory | ||
position the applicant most recently held and a sworn statement by | ||
the applicant's employer attesting to the applicant's job | ||
description; or | ||
(B) proof that the applicant is certified by a | ||
nationally recognized certification agency approved by the | ||
executive commissioner; and | ||
(2) pays the application and licensing fee. | ||
Sec. 703.252. MEDICAL LABORATORY SCIENTIST. To qualify for | ||
a transitional license under this subchapter as a medical | ||
laboratory scientist, an applicant must: | ||
(1) be currently certified to perform medical | ||
laboratory scientist services by a certification agency approved by | ||
the executive commissioner; or | ||
(2) have performed the duties of a medical laboratory | ||
scientist for at least three years during the five years preceding | ||
the date of application. | ||
Sec. 703.253. CATEGORICAL MEDICAL LABORATORY SCIENTIST. To | ||
qualify for a transitional license under this subchapter as a | ||
categorical medical laboratory scientist, an applicant must: | ||
(1) be currently certified to perform medical | ||
laboratory scientist services in one major practice area by a | ||
certification agency approved by the executive commissioner; or | ||
(2) have performed the duties of a categorical medical | ||
laboratory scientist for at least three years during the five years | ||
preceding the date of application. | ||
Sec. 703.254. MEDICAL LABORATORY TECHNICIAN. To qualify | ||
for a transitional license under this subchapter as a medical | ||
laboratory technician, an applicant must: | ||
(1) be currently certified to perform medical | ||
laboratory technician services by a certification agency approved | ||
by the executive commissioner; or | ||
(2) have performed the duties of a medical laboratory | ||
technician for at least three years during the five years preceding | ||
the date of application. | ||
Sec. 703.255. EFFECT OF TRANSITIONAL LICENSE. The holder | ||
of a transitional license issued under this subchapter is entitled | ||
to practice to the same extent as the holder of a license under | ||
Subchapter D. | ||
Sec. 703.256. RENEWAL. A transitional license issued under | ||
this subchapter expires on the second anniversary of the date of | ||
issuance. Notwithstanding the qualifications for an initial | ||
license under Section 703.153, 703.154, or 703.155, the | ||
transitional license may be renewed as a license under Section | ||
703.158. | ||
SECTION 2. Section 411.110(a), Government Code, is amended | ||
to read as follows: | ||
(a) The Department of State Health Services is entitled to | ||
obtain from the department criminal history record information | ||
maintained by the department that relates to: | ||
(1) a person who is: | ||
(A) an applicant for a license or certificate | ||
under [ |
||
Safety Code[ |
||
(B) an owner or manager of an applicant for an | ||
emergency medical services provider license under Chapter 773, | ||
Health and Safety Code [ |
||
(C) the holder of a license or certificate under | ||
Chapter 773, Health and Safety Code [ |
||
(2) an applicant for a license or a license holder | ||
under Subchapter N, Chapter 431, Health and Safety Code; | ||
(3) an applicant for a license, the owner or manager of | ||
an applicant for a massage establishment license, or a license | ||
holder under Chapter 455, Occupations Code; | ||
(4) an applicant for employment at or current employee | ||
of: | ||
(A) the Texas Center for Infectious Disease; or | ||
(B) the South Texas Health Care System; [ |
||
(5) an applicant for employment at, current employee | ||
of, or person who contracts or may contract to provide goods or | ||
services with: | ||
(A) the vital statistics unit of the Department | ||
of State Health Services; or | ||
(B) the Council on Sex Offender Treatment or | ||
other division or component of the Department of State Health | ||
Services that monitors sexually violent predators as described by | ||
Section 841.003(a), Health and Safety Code; or | ||
(6) an applicant for a license or a license holder | ||
under Chapter 703, Occupations Code. | ||
SECTION 3. As soon as possible after the effective date of | ||
this Act, the executive commissioner of the Health and Human | ||
Services Commission shall appoint the members of the Medical | ||
Laboratory Science Advisory Committee in accordance with Chapter | ||
703, Occupations Code, as added by this Act. In making the initial | ||
appointments, the executive commissioner shall designate: | ||
(1) three members for terms expiring February 1, 2015; | ||
(2) three members for terms expiring February 1, 2017; | ||
and | ||
(3) three members for terms expiring February 1, 2019. | ||
SECTION 4. The executive commissioner of the Health and | ||
Human Services Commission shall adopt the rules, standards, | ||
procedures, and fees necessary to implement Chapter 703, | ||
Occupations Code, as added by this Act, not later than August 31, | ||
2014. | ||
SECTION 5. Notwithstanding Chapter 703, Occupations Code, | ||
as added by this Act, an individual engaged in the practice of | ||
medical laboratory science is not required to hold a license under | ||
that chapter to engage in the practice of medical laboratory | ||
science before September 1, 2014. | ||
SECTION 6. This Act takes effect September 1, 2013. |